People v. Perez
Appellate Division affirms burglary and grand larceny convictions based on surveillance footage showing defendant entering restricted closet with empty bags and leaving with full bags via route avoiding security cameras.
Appellate Division affirms burglary and grand larceny convictions based on surveillance footage showing defendant entering restricted closet with empty bags and leaving with full bags via route avoiding security cameras.
Appellate Division affirms $4.3 million judgment and ten-year bar against former NRA executive Wayne LaPierre for breach of fiduciary duty, rejecting business judgment rule defense.
Appellate Division vacates two first-degree rape counts as lesser included offenses of predatory sexual assault, clarifying the analysis for multi-victim sexual assault prosecutions.
Appellate Division affirms partial SORA modification from level three to two but denies further reduction to level one, finding seriousness of child sex crime outweighed post-release rehabilitation.
Appellate Division affirms SORA level two adjudication based on upward departure, finding concurrent burglary conviction and flight from jurisdiction warranted departure from presumptive risk level.
Appellate Division affirms robbery and assault convictions based on surveillance footage showing defendant assaulted victim while accomplices took wallet, rejecting temporary deprivation defense.
Appellate Division affirms third-degree assault conviction, finding legally sufficient evidence of physical injury from victim testimony about sustained beating, soreness, antibiotic treatment, and remaining scar.
Appellate Division affirms dismissal of negligence claim against NYC Health + Hospitals for failure to serve timely notice of claim on proper party and failure to plead special duty.
Appellate Division affirms denial of summary judgment in premises liability case involving cobblestone gap, finding property owner failed to establish open-and-obvious defense and expert inspection was untimely.
Appellate Division reverses, granting summary judgment to garbage truck driver on Labor Law section 240(1) claim after being struck by falling pallet at construction site.